Chavez v. Hedgpeth

Filing 10

ORDER OF DISMISSAL. Signed by Judge Lucy H. Koh on 2/22/13. (Attachments: # 1 Certificate/Proof of Service)(mpb, COURT STAFF) (Filed on 2/25/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA

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HUGO CHAVEZ,

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Petitioner,
v.

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ANTHONY HEDGPETH,

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Respondent.

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No. C 12-6019 LHK (PR)
ORDER OF DISMISSAL

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On November 27, 2012, Petitioner, a state prisoner proceeding pro se, filed a federal writ
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of habeas corpus. That same day, the Court sent a notification to Petitioner, informing him that
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he did not pay the filing fee, nor did he file a completed application to proceed in forma pauperis
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(“IFP”). The Court provided Petitioner with a blank IFP application, along with a return
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envelope, and a notification that the case would be dismissed if Petitioner failed to pay the fee,
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or file a completed application with supporting documentation within thirty days. On December
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12, 2012, Petitioner filed a motion for leave to proceed IFP, and on December 26, 2012,
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Petitioner filed a certificate of funds. On January 11, 2013, the Court denied Petitioner’s motion
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for leave to proceed IFP and issued an order to Respondent to show cause why the petition
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should not be granted. In the order, the Court directed Petitioner to pay the $5.00 filing fee
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within thirty days, or face dismissal.
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Order of Dismissal
G:\PRO-SE\SJ.LHK\HC.12\Chavez019disifp.wpd

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On January 30, 2012, Petitioner submitted an amended petition. The following day,

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Petitioner filed a motion for appointment of counsel. To date, Petitioner has not paid the filing

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fee. As more than thirty days have passed since Petitioner was instructed to do so, this case is

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DISMISSED without prejudice. The Clerk shall terminate all pending motions.

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IT IS SO ORDERED.
DATED:

2/22/13
LUCY H. KOH
United States District Judge

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Order of Dismissal
G:\PRO-SE\SJ.LHK\HC.12\Chavez019disifp.wpd

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